HUNT v. HUNT

26 VLR 252·HOLROYD, J.
26 VLR 252
26 VLR 252
HUNT v. HUNT Supreme Court of Victoria HOLROYD, J. September 5, 07 September 1900 Practice — Divorce — Jurisdiction — Money for investigation of wife's case — Onus on husband to prove his inability to pay — "Marriage Act 1890" (No. 1166), s. 111 .

Under sec. 111 of the Marriage Act 1890, if a wife establishes to the satisfaction of the Court that she has not sufficient separate estate to enable her to have the merits of her case investigated by a proctor, then the Court may order, and (unless there is some good reason shown to the contrary) ought to order her husband to pay into Court the sum of money necessary for the investigation of her case; and the onus lies upon the husband, when an order of that description is made, and he wishes to excuse himself for not paying, to prove to the satisfaction of the Court his inability to do so.

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